The order refusing to remit the report and plan of the Advocate Commissioner for the second time in a suit for declaration of title, fixation of boundary and other ancillary reliefs is impugned. The contention of the petitioners are two fold and they are as follows:-
i) The directions contained in the judgment of remand in A.S. No. 95/2012 have not been scrupulously followed.
ii) The directions contained in the order remitting the report in I.A. No. 1343/2013 are not strictly adhered to.
2. All these are matters to be adverted to by the trial court after the parties let in evidence. The petitioners are at liberty to adduce evidence in objection to the revised report and plan of the Advocate Commissioner. The court below is free to remit the report and plan to the same Advocate Commissioner (during trial) if it is found that they are incomplete in any respects. The same shall be done if necessary untrammeled by O.P.(C) No. 1408 of 2014 2 any observation contained in the order impugned.
The Original Petition is disposed of subject to the above clarification.
V.CHITAMBARESH JUDGE DCS